COROMANDEL INDAG PRODUCTS INDIA LTD. vs SUMITOMO CHEMICAL COMPANY LTD. & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 15th April, 2025 Judgment pronounced on: 03rd July, 2025 + CS(COMM) 441/2023 with I.A. 11910/2023 and I.A. 47367/2024 COROMANDEL INDAG PRODUCTS INDIA LTD. .....Plaintiff Through: Mr. Pankaj Kumar, Advocate versus SUMITOMO CHEMICAL COMPANY LTD. & ANR. .....Defendants Through: Mr. Rajshekhar Rao, Senior Advocate with Mr. Prashant Gupta, Mr. Karan Singh, Ms. Shivangi Kohli, Mr. Mohit Sharma, Mr. Yashraj Samant and Mr. Aadhar Nautiyal, Advocates CORAM: HON'BLE MR. JUSTICE AMIT BANSAL JUDGMENT AMIT BANSAL, J. I.A. 47367/2024 (under Order VII Rule 11 of the Code of Civil Procedure, 1908) 1. The present application has been filed on behalf of the defendants under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter ‘CPC’) seeking rejection of plaint. Signature Not Verified Digitally Signed By:VIVEK MISHRA CS(COMM) 441/2023 Page 1 of 23 Signing Date:03.07.2025 12:37:03 2. Notice in the present application was issued on 6th December 2024. Reply has been filed on behalf of the plaintiff. 3. Submissions were heard on behalf of the parties on 12th March 2025 and 15th April 2025 when the judgment was reserved. The parties have also filed their respective written submissions. BRIEF FACTS 4. Brief facts stated in the plaint, which are relevant in deciding the present application, are as follows: 4.1. The present suit has been filed seeking relief of permanent injunction restraining the defendants from infringement of copyright and passing off, along with other ancillary reliefs. 4.2. The plaintiff, a company engaged in the business of agrochemicals including pesticides, insecticides and herbicides, was incorporated on 30th June 1983 and is the parent company of the Coromandel Group founded in 1968. Coroma